Return Of A Police Impounded Vehicle

[Phuketshrew]

Can anyone offer some advice?

My niece's husband was caught and arrested two years ago with some ya baa in his truck (jerk!). He was subsequently sentenced and AFAIK is still doing time. My niece was pregnant at the time and was left to give birth and raise her beautiful little daughter on her own. She currently lives with my wife and I as part of our extended family and has 'washed her hands' of her husband.

The pick-up truck was (and still is) impounded by the BIB in Phuket. However, my niece has tried to keep making the finance repayments but is now getting harassed by the finance company. Some time ago she visited the police station to try and reclaim the truck but the police would not release it. She also noted that quite a few things had been removed from the truck, including the stereo system.

This all seems very unfair as she has suffered enough with the loss of a husband and father to her child. I am now seeking some advice regarding recovery of the truck.

Do the police have the legal right to keep the truck indefinitely?

Surely it's function as evidence is well past as the husband was convicted and has served most of his time?

What steps can be taken to have the truck returned?

Can she insist that it is returned in the same state that it was impounded?

Thanks in advance for any advice offered.

[LivinginKata]

That's a tricky one. I have no idea how to deal with this. Have you sought legal advice. I thought there was some sort of gov 'ombudsman' in Phuket Town. I'm not sure but I think that this office is on the road past the main post office leading up to the land office. Just past the first set of traffic lights and on the right side of the road. My wife has sought advice from this office and they were very helpful. Best of luck.

[krangeek]

Just go and negotiate the tow-to-the-house-fee. That's what they're waiting for. Cost a very few thousand baht, but still much less than the finance company's ongoing demands for their installments.

Other than that, stop paying and let the finance company sort it out with the police. They won't want to pay. And what's the worst that could happen? Your, er, 'niece', doesn't get her pickup back. Two years? 'Ave a word ....

[katabeachbum]

If it is owned by your niece, she should visit Ajakarn, the public prosecutor, to know her rights. They may also be willing to contact impounding police.

Often vehicles used for criminal action is sold on auction, money to government, unless owner can prove the criminal rented the vehicle. As vehicle owners we need to choose who can use our vehicles

[bunta71]

If it is owned by your niece, she should visit Ajakarn, the public prosecutor, to know her rights. They may also be willing to contact impounding police.

Often vehicles used for criminal action is sold on auction, money to government, unless owner can prove the criminal rented the vehicle. As vehicle owners we need to choose who can use our vehicles

My buddy in Chiang Mai had his brand new fully paid for pickup stolen . The thief was caught and went to jail. My friend went through tree years of legal battles to attempt to get his truck back. Seems a certain police captain had taken a fancy to this truck. He got it back but not in good condition.Sad these people are what they are.

[katabeachbum]

Just go and negotiate the tow-to-the-house-fee. That's what they're waiting for. Cost a very few thousand baht, but still much less than the finance company's ongoing demands for their installments.

Other than that, stop paying and let the finance company sort it out with the police. They won't want to pay. And what's the worst that could happen? Your, er, 'niece', doesn't get her pickup back. Two years? 'Ave a word ....

Financecompany wants the agreed on payments nomatter what happens to truck. If not recieved, she is bankrupsy for life. Life in TH

[Phuketshrew]

If it is owned by your niece, she should visit Ajakarn, the public prosecutor, to know her rights. They may also be willing to contact impounding police.

Often vehicles used for criminal action is sold on auction, money to government, unless owner can prove the criminal rented the vehicle. As vehicle owners we need to choose who can use our vehicles

Thanks for your replies - LivinginKata and KataBB.

Suggestions so have been to contact the ombudsman or 'Ajakarn', the public prosecutor. Can anyone provide any further details on how to do this? Office address or phone numbers?

Thanks.

[katabeachbum]

If it is owned by your niece, she should visit Ajakarn, the public prosecutor, to know her rights. They may also be willing to contact impounding police.

Often vehicles used for criminal action is sold on auction, money to government, unless owner can prove the criminal rented the vehicle. As vehicle owners we need to choose who can use our vehicles

Thanks for your replies - LivinginKata and KataBB.

Suggestions so have been to contact the ombudsman or 'Ajakarn', the public prosecutor. Can anyone provide any further details on how to do this? Office address or phone numbers?

Thanks.

Ajakarn is located same place as Labour Department, close to Department of Land Transport. I recently learned Ajakarn also works as a negotiator between parties in conflict.

Police can not keep a vehicle after case is sendt over to Ajakarn unless Ajakarn instruct them to, thus there is a good chance a phone call from Ajakarn to Police can release vehicle. Make sure a copy of reg book/ownership can be provided, as Police will only release to registered owner/user.

As for the vehicles condition, I would not focus on that. To many lost faces makes problem worse

Let us know how it works out. Good luck

[Phuketshrew]

Ajakarn is located same place as Labour Department, close to Department of Land Transport. I recently learned Ajakarn also works as a negotiator between parties in conflict.

Police can not keep a vehicle after case is sendt over to Ajakarn unless Ajakarn instruct them to, thus there is a good chance a phone call from Ajakarn to Police can release vehicle. Make sure a copy of reg book/ownership can be provided, as Police will only release to registered owner/user.

As for the vehicles condition, I would not focus on that. To many lost faces makes problem worse

Let us know how it works out. Good luck

Thanks again - but as the truck is still 'owned' by the finance company they still have the reg book so my niece would be unable to provide a copy of it.

[katabeachbum]

Thanks again - but as the truck is still 'owned' by the finance company they still have the reg book so my niece would be unable to provide a copy of it.

the reg book states who is the owner (financecompany) and users name and ID/passportnumber (your niece?) as additional "owner". A copy is supplied when vehilce is new, and available at the financecompanys office. It is on their screen, so no need to actually copy book. The police can find it in DLT register too, but usually to lazy to look it up, so better to have in hand to avoid hazzle

[LivinLOS]

Phuket police consider it a perk of the job to steal vehicles.. Had it over and over again in Patong where they lay claim to lost rental bikes and they vanish out of the compound and are just run without plates by cops. A buddy ran out of fuel with a steed 600, the cops grabbed it from the side of the road and made life hell for weeks to get it released. The cheeky one who thought it was already his had had a key cutter come and make keys for it already and made my mate pay him to 'cover his costs' in doing so.

Biggest vehicle thieves on the the island.

[katabeachbum]

Phuket police consider it a perk of the job to steal vehicles.. Had it over and over again in Patong where they lay claim to lost rental bikes and they vanish out of the compound and are just run without plates by cops. A buddy ran out of fuel with a steed 600, the cops grabbed it from the side of the road and made life hell for weeks to get it released. The cheeky one who thought it was already his had had a key cutter come and make keys for it already and made my mate pay him to 'cover his costs' in doing so.

Biggest vehicle thieves on the the island.

I am afraid this is not Phuket only, but all over the country.

Police and policestation hangarounds do what they want with impounded vehicles until ordered otherwise.

As OPs case includes a sentenced criminal act, Ajakarn and Court has the power

[Phuketshrew]

Phuket police consider it a perk of the job to steal vehicles.. Had it over and over again in Patong where they lay claim to lost rental bikes and they vanish out of the compound and are just run without plates by cops. A buddy ran out of fuel with a steed 600, the cops grabbed it from the side of the road and made life hell for weeks to get it released. The cheeky one who thought it was already his had had a key cutter come and make keys for it already and made my mate pay him to 'cover his costs' in doing so.

Biggest vehicle thieves on the the island.

I am afraid this is not Phuket only, but all over the country.

Police and policestation hangarounds do what they want with impounded vehicles until ordered otherwise.

As OPs case includes a sentenced criminal act, Ajakarn and Court has the power

Thanks.

I have just explained to my wife what she needs to do so she will be visiting the Ajakarn with my niece shortly.

It really is a sad reflection on how Thai society has sunk in recent years in terms of corruption and law and order. Sadder still - I just can't see things getting any better.